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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="AbdulAlhazred" data-source="post: 8884546" data-attributes="member: 82106"><p>RIGHT! That's the problem with a 'Section 9 Revocation' argument, because as soon as you make it, you must effectively assert that OGL 1.1 is not an OGL in the sense that 1.0a allows you to choose a version of. It either IS, in which case I exercise my rights under 1.0a to not use that version, OR it ISN'T in which case its some completely new beast that isn't even relevant to a discussion of OGL at all. </p><p></p><p>I think the best WotC could achieve would be to 'split the baby' and assert that it is using the 'or other version' clause to now assert a distribution of its OGC under that new version, which seems to be quite reasonable, though its unclear they can RETROACTIVELY do that with existing already released content that 3rd parties have already distributed (again, by estoppel or some form of laches/waiver kind of argument, etc.). Its also dangerous for them as they have to open the door to discussing the reasoning behind the whole 'or any other version' clause, which can ONLY have been put in the license for very purpose of making any such attempt futile! At that point the defense calls Peter Adkinson and Ryan Darcy to testify... lol.</p></blockquote><p></p>
[QUOTE="AbdulAlhazred, post: 8884546, member: 82106"] RIGHT! That's the problem with a 'Section 9 Revocation' argument, because as soon as you make it, you must effectively assert that OGL 1.1 is not an OGL in the sense that 1.0a allows you to choose a version of. It either IS, in which case I exercise my rights under 1.0a to not use that version, OR it ISN'T in which case its some completely new beast that isn't even relevant to a discussion of OGL at all. I think the best WotC could achieve would be to 'split the baby' and assert that it is using the 'or other version' clause to now assert a distribution of its OGC under that new version, which seems to be quite reasonable, though its unclear they can RETROACTIVELY do that with existing already released content that 3rd parties have already distributed (again, by estoppel or some form of laches/waiver kind of argument, etc.). Its also dangerous for them as they have to open the door to discussing the reasoning behind the whole 'or any other version' clause, which can ONLY have been put in the license for very purpose of making any such attempt futile! At that point the defense calls Peter Adkinson and Ryan Darcy to testify... lol. [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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